Featured Issue: Representing Clients Before ICE
This resource page combines resources for attorneys representing clients before ICE. For information about why AILA is calling for the reduction and phasing out of immigration detention, please see our Featured Issue Page: Immigration Detention and Alternatives to Detention.
Quick Links
- Seeking Stays of Removal
- AILA Practice Pointers and Alerts (continually updated)
- Practice Advisory: Representing Detained Clients in the Virtual Landscape
- Practice Pointer: How to Locate Clients Apprehended by ICE
- Practice Pointer: Preparing for an Order of Supervision Appointment with ICE-ERO
- AILA ICE Liaison Agenda and Meeting Minutes
Communicating with OPLA, ERO, and CROs
The Office of the Principal Legal Advisor (OPLA) includes 1300 attorneys who represent the Department of Homeland Security (DHS) in immigration removal proceedings before the Executive Office for Immigration Review (EOIR). OPLA litigates all removal cases as well as provides legal counsel to ICE personnel. At present, there are 25 field locations throughout the United States.
Enforcement and Removal Operations (ERO) manages all aspects of immigration enforcement from arrest, detention, and removal. ERO has 24 field office locations. ERO also manages an “alternative to detention” program that relies almost exclusively on the “Intensive Supervision Appearance Program (ISAP)” to monitor individuals in removal proceedings.
Since 2016, ICE has had an Office of Partnership and Engagement (formerly Office of Community Engagement) to be a link between the agency and stakeholders. As part of this office, Community Relations Officers (CROS) are assigned to every field office to work with local stakeholders such as attorneys and nonprofit organizations.
*Headquarters does not provide direct contact numbers or emails for individual employees.* (AILA Liaison Meeting with ICE on April 26, 2023)(AILA Doc. No. 23033004). However, attorneys can contact Chapter Local ICE Liaisons as they may have this information provided to them via local liaison engagement.
- DHS/ICE/OPLA Chief Counsel Contact Information [last updated in 2024, this list no longer appears on ICE.gov as of 1/27/25]
- Contact Information for Local OPLA Offices [last updated in 2024, this information no longer appears on ICE.gov as of 1/27/25]
- ERO Field Offices Contact Information*
- OPE Community Relations Officers
- ICE Check-In Scheduling Website
- ICE Online Change of Address Website
Latest on Enforcement Priorities & Prosecutorial Discretion
Executive Order 14159 (90 FR 8443, 1/29/25) directs DHS to set priorities that protect the public safety and national security interests of the American people, including by ensuring the successful enforcement of final orders of removal, enforcement of the INA and other Federal laws related to the illegal entry and unlawful presence of [noncitizens] in the United States and the enforcement of the purposes of this order. Given the January 25, 2025, confirmation of DHS Secretary Kristi Noem, a memorandum detailing enforcement priorities may be issued in the coming weeks.
An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to targeted noncitizens and includes:
- National security or public safety threats;
- Those with criminal convictions;
- Gang members;
- Those who have been ordered removed from the United States but have failed to depart; and/or
- Those who have re-entered the country illegally after being removed.
Procedures and email inboxes created under the Biden Administration to request Prosecutorial Discretion no longer appear on the ICE website. AILA members are encouraged to review current DOJ regulations entitled “Efficient Case and Docket Management in Immigration Proceedings” for alternative basis for seeking termination or administrative closure.
Access to Counsel
- ERO eFile:
- An online system developed to electronically file G-28s with ERO. Attorneys and accredited representatives may register for ERO eFile accounts and may also sponsor law students and law graduates who work under their supervision. See AILA’s practice alert (AILA Doc. No. 24051506) for more information.
- ICE Attorney Information and Resources Page
- AILA Practice Alert: Updates to the ICE Attorney Information and Resource Page
Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients
- Online Intake Form for the Detention Ombudsman (myOIDO)
- Available for complaints for issues in ICE and CBP Custody nationwide, including to submit complaints about access to counsel problems on behalf of currently or previously detained clients.
- Online Complaint Form for DHS Office for Civil Rights and Civil Liberties (CRCL)
- Oversight of Immigration Detention: An Overview - May 16, 2022
(provides a list of agencies with which attorneys may file administrative complaints of detention center violations) - Immigration Judge Complaint Toolkit – August 31, 2022
- Practice Alert: Template for CRCL Complaint Regarding Failures to Provide Language Access – July 16, 2021
Selected ICE Policies and Current Status
For comprehensive comparison of current and prior ICE policies, please review the “Immigration Policy Tracker (IPTP).” The IPTP is a project of Professor Lucas Guttentag working with teams of Stanford and Yale law students and leading national immigration experts.
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Browse the Featured Issue: Representing Clients Before ICE collection
CA7 on In Absentia Orders of Removal
The court set aside the in absentia order of removal, finding that the petitioner was not given an opportunity to present evidence that her case should be reopened because she never received notice of the hearing. (Smykiene v. Holder, 2/13/13)
CA7 Remands Pakistani Asylum Case
The court granted the petition and remanded the asylum case, holding that the BIA’s conclusion that the petitioner’s attackers were motivated solely by a desire for personal revenge is not supported by substantial evidence. (Mustafa v. Holder, 2/11/13)
CA7 Upholds Denial of Good-Faith Marriage Waiver
The court upheld the denial of the petitioner’s request for a good-faith marriage waiver, finding the removal proceedings were not unfair and that the IJ’s adverse credibility determination was reasonable. (Boadi v. Holder, 2/7/13)
CA11 Holds Georgia Conviction for Shoplifting Is Not an Aggravated Felony
The court held that a conviction for shoplifting under Georgia Code § 16-8-14 does not categorically qualify as an aggravated felony, and that the record of conviction did not establish the petitioner committed an aggravated felony. (Ramos v. U.S. Att’y Gen., 2/19/13)
AILA Amicus Brief on §212(c) Relief
AILA amicus brief addressing questions posed by the BIA on §212(c) relief, and presenting a framework for evaluating §212(c) claims after the Supreme Court decisions in St. Cyr, Judulang, and Vartelas.
AILA Comments on DHS Proposed Rule to Prevent Sexual Abuse in Confinement Facilities
AILA comments in response to a DHS proposed rule on Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities. Special thanks to the LGBT Working Group and AILA ICE and EOIR Liaison Committees.
USCIS Data on DACA Cases Received Through February 14, 2013
USCIS statistics on DACA cases from 8/15/12 to 2/14/13 which shows a total of 423,634 accepted DACA requests for processing, 411,739 biometric services appointments scheduled and 199,460 requests approved.
CA11 Holds Florida Conviction for Resisting an Officer is CIMT
The court found that a Florida conviction for resisting an officer with violence under Fla. Stat. § 843.01 is a CIMT, and that the petitioner was thus removable as having been convicted of two or more CIMTs. (Cano v. U.S. Att’y Gen., 2/15/13)
CA6 Holds Conspiracy to Traffic in Identification Documents is CIMT
The court held that the petitioner’s conviction for conspiracy to traffic in identification documents under 18 U.S.C. §1028(f) qualifies as a crime involving moral turpitude because the statute inherently involves deceit. (Yeremin v. Holder, 2/14/13)
DHS Notice on Alien Criminal Response Information Management System of Records
DHS notice on the updating and renaming of existing system of records titled Department of Homeland Security/Immigration & Customs Enforcement-007—Law Enforcement Support Center Alien, changing the name and adding new categories. Comments due 3/18/13. (78 FR 10623, 02/14/13)
CA9 Remands Asylum Case on Social Visibility Requirement
In an en banc decision, the court held that the BIA misapplied its own precedent on social group membership when it denied petitioner’s asylum claim because of a lack of “social visibility.” (Henriquez-Rivas v. Holder, 2/13/13)
TRAC Report on Deportation Orders Rising Slightly from Historic Lows
Transactional Records Access Clearinghouse (TRAC) report showing that during January 2013, the government reported 15,174 new ICE filings seeking deportation orders, which is down 23.7 percent through first 4 months of FY2013 when compared to monthly filings in FY2012.
TRAC Report on Deportation Orders Going Down 25% from Last Year's Pace
Transactional Records Access Clearinghouse (TRAC) report showing that during November 2012, the government reported 14,926 new ICE filings seeking deportation orders, which is down 24.8% from levels in FY2012.
CRS Report on Policy Options for Providing Targeted Immigration Relief
Congressional Research Service (CRS) report from 2/13/13 on policies to provide targeted relief to unauthorized persons, including statutory and legislative remedies, including amending statutory provisions to make it easier for unauthorized persons to obtain LPR status.
AIC, AILA, CLINIC, and NILC Comments on Form I-821D
AIC, AILA, CLINIC, and NILC comments in response to proposed revisions to form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions.
AILA Comments on Form I-765, Application for Employment Authorization
AILA’s comments in response to proposed revisions to Form I-765, Application for Employment Authorization, Form I-765WS, Worksheet, and accompanying instructions.
IJ Grants Humanitarian Asylum to Romanian Applicant
In this unpublished decision, the IJ granted humanitarian asylum pursuant to 8 C.F.R. §1208.13(b)(1)(iii)(B) based on the reasonable possibility that the applicant would suffer other serious harm in Romania. Courtesy of Russell R. Abrutyn.
District Court Complaint Challenges Withholding Asylum Interview Notes Under FOIA
Complaint filed by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area challenging the USCIS policy of withholding asylum interview notes in response to FOIA requests submitted for applicants’ A files. (Martins v. USCIS, 2/11/13)
Immigration Court and EOIR Office Closings for February 11, 2013
EOIR public statement announcing that the Hartford, Connecticut immigration court will be closed on Monday, February 11, 2013 due to inclement weather conditions.
BIA Finds IJ Cannot Deny Asylum Application Without Merits Hearings
In an unpublished decision, the BIA held that the IJ erred by requiring the asylum applicant to establish a prima facie asylum case in their written asylum application as a prerequisite to holding a hearing and remanded the case to the IJ. Courtesy of Patricia G. Mattos.
CA1 Upholds Denial of Asylum for Ecuadorian Indigenous Activist
The court denied asylum, finding that the harassment faced by the Ecuadorian petitioner due to her activities on behalf of the indigenous community did not amount to persecution and that the agency did not err in its factfinding. (Guaman-Loja., Holder, 2/7/13)
Factsheet on Amendment Regarding Third DUI Conviction.
A factsheet by The National Task Force to End Sexual and Domestic Violence Against Women on the proposed amendment to VAWA to expand the definition of aggravated felony to include a third DUI conviction.
Factsheet on Amendment Regarding Domestic Violence Convictions
A factsheet by The National Task Force to End Sexual and Domestic Violence Against Women on the proposed amendment to VAWA to expand the definition of aggravated felony to include all domestic violence convictions.
CA9 Remands Case to Allow Petitioner to File Cancellation Application
The court held that the BIA erred in finding that the petitioner did not comply with Lozada in his ineffective assistance of counsel claim, noting it does not require a specific type of submission to prove a bar complaint was filed. (Correa-Rivera v. Holder, 2/6/13)
CA11 Reverses BIA on Past Persecution
The court remanded the asylum case, holding the abuse the petitioner suffered – which included being detained for a week and subjected to physical abuse – rose to the level of past persecution, if the petitioner is found to be credible. (Shi v. U.S. Att’y Gen., 2/5/13)